Representative Matters
Results matter, here are a few of the results we have obtained for our clients charged with crimes.
State v. D.P. (Shawnee County District Court 2023)
Practice Area: Criminal Defense / DUI and DWI
Date: June 15, 2023
Outcome: Jury Trial - Not Guilty Verdict
Description: D.P. was charged with first degree murder based on allegations that D.P. robbed and murdered a marijuana dealer. Nick David and Cooper Overstreet tried D.P.'s case to a jury resulting in an acquittal on all charges.
State v. D.R. (Douglas County District Court 2022)
Practice Area: Criminal Defense / DUI and DWI
Date: September 16, 2022
Outcome: Jury Trial - Not Guilty Verdict
Description: D.R. was charged with attempted first degree murder and aggravated assault for shooting a drunken bar patron after getting into a fight in the parking lot. Nick David tried D.R.'s case to a jury arguing self-defense and obtained not guilty verdicts on both both counts.
State v. B.S. (Douglas County District Court 2022)
Practice Area: Criminal Defense / DUI and DWI
Date: February 9, 2022
Outcome: Jury Trial - Not Guilty Verdict
Description: B.S. was charged with attempted first degree murder, aggravated burglary, interference with law enforcement and criminal use of weapons based on allegations that B.S. stabbed his acquaintance and ran from police. Josh Luttrell tried B.S' case to a jury and obtained not guilty verdicts on both attempted first degree murder and aggravated burglary.
State v. A.K. (Douglas County District Court 2021)
Practice Area: Criminal Defense
Date: December 29, 2021
Outcome: Case Dismissed
A.K. was charged with six counts of Aggravated Criminal Sodomy under Jessica's Law and faced 150 years to life in prison if convicted. Prior to trial, Nick aggressively litigated A.K.'s case by conducting an extensive investigation, he hired multiple defense experts and filed a number of motions in A.K's defense. As a result of Nick's representation, the District Attorney dismissed all of the charges against A.K. on the eve of trial resulting in A.K. being released from custody with a clean record.
State v. S.R. (Douglas County District Court 2021)
Practice Area: Criminal Defense
Date: December 20, 2021
Outcome: Case Dismissed
S.R. was charged with elder abuse based on allegations that S.R. starved and beat her elderly sister. Based upon an extensive investigation Michelle was able to prove S.R. was innocent and Michelle obtained a dismissal of all charges against S.R.
State v. D.T. (Douglas County District Court 2021)
Practice Area: Criminal Defense
Date: January 25, 2021
Outcome: Case Dismissed
D.T. was charged with the rape after being accused of having sex with a drunk woman who also consumed numerous prescription drugs. At preliminary hearing, Nick and Cooper convinced the presiding judge there was insufficient evidence to show that D.T. was aware the complaining witness was intoxicated and obtained dismissal of all charges against D.T.
State v. A.D. (Shawnee County District Court 2021)
Practice Area: Criminal Defense
Date: January 6, 2021
Outcome: Case Dismissed
A.D. allegedly devised a scheme to smuggle synthetic marijuana into the Shawnee County Jail by asking his friends to mail drug soaked letters to him. Jail staff learned of the scheme when they intercepted A.D.'s outgoing mail and A.D. was charged with solicitation in the furtherance of trafficking contraband at the jail. Despite, A.D's letters, Nick was able to get all of the charges against A.D. dismissed based upon legal arguments that A.D. had not been properly notified that synthetic marijuana was considered contraband.
State v. F.R. (Douglas County District Court 2020)
Practice Area: Criminal Defense
Date: February 4, 2020
Outcome: Hung Jury - Charges Subsequently Dismissed
F.R. was charged in two cases with kidnapping, aggravated assault, and numerous lesser charges. Nick tried F.R.'s kidnapping case to a jury and hung the jury 11-1 in favor of a not guilty verdict. Nick subsequently negotiated a dismissal of the kidnapping case and obtained a misdemeanor plea on the aggravated assault case with F.R. receiving unsupervised misdemeanor probation.
State v. T.A. (Shawnee County District Court 2019)
Practice Area: Criminal Defense/DUI
Date: December 2, 2019
Outcome: Jury Trial - DUI Charge Dismissed After Critical Evidence Excluded
T.A. was charged with a second DUI after being stopped for speeding and blowing more than twice the legal limit. At jury trial, Nick was able to have the breath test excluded from evidence resulting in dismissal of the DUI charge before T.A.'s case could be decided by the jury.
State v. D.J. (Shawnee County District Court 2019)
Practice Area: Criminal Defense
Date: February 1, 2019
Outcome: Evidence Suppressed, Case Dismissed
Description: D.J. was stopped by officers for riding his bicycle on the wrong side of the road. After being stopped by officers, D.J. began yelling at officers and was arrested for interference with law enforcement. Methamphetamine was found on D.J.'s person following his arrest and he was facing a total of 60 months in prison for three charges. Nick filed a motion to suppress arguing that D.J. was illegally stopped, illegally arrested, and that police engaged in biased based policing. The district court agreed and granted Nick's motion resulting the dismissal of all charges.
State v. Bowers, 431 P.3d 11 (2018)
Practice Area: Appeal
Date: November 30, 2018
Outcome: Convictions Reversed on Appeal, Three Life Sentences Overturned
Description: Mr. Bowers was convicted at trial of three Jessica's Law child sex offenses and was given three consecutive life sentences without the possibility of parole for 75 years. Nick represented Mr. Bowers on appeal and obtained reversal of all three convictions based upon the admission of improper expert testimony at Mr. Bowers' trial. Mr. Bowers was released from custody following Nick's successful appeal.
State v. R.A. (Shawnee County District Court 2017)
Practice Area: Criminal Defense
Date: November 20, 2017
Outcome: Evidence Suppressed, Case Dismissed
Description: Topeka Police Officers were following R.A. after they witnessed him leaving a known drug house. Eventually, the officers witnessed R.A. commit a traffic violation and the officers conducted a felony car stop. The officers claimed R.A. interfered with their duties and resisted arrest when he was stopped. Following R.A.'s arrest, the officers located methamphetamine in R.A.'s car and R.A. was charged with felony possession, and interference with law enforcement. Nick filed a motion to suppress and a motion to dismiss alleging the officers lacked probable cause to arrest R.A. Following a suppression hearing, the court agreed ultimately leading to the dismissal of all of R.A.'s charges.
State v. D.H. (Douglas County District Court 2017)
Practice Area: Criminal Defense
Date: July 31, 2017
Outcome: Evidence Suppressed, Case Dismissed
Description: D.H. was arrested on outstanding warrant with subsequent search revealing a large quantity of methamphetamine in his backpack. D.H. was charged with possession with intent to distribute methamphetamine within 1,000 feet of a school and was facing 144 months in prison. Nick obtained dismissal of this case following a motion to suppress.
State v. B.M. (Douglas County District Court 2017)
Practice Area: Criminal Defense / DUI and DWI
Date: Feb 14, 2017
Outcome: Jury Trial - Not Guilty Verdict
Description: B.M. was charged with felony DUI after being stopped for nearly hitting a sheriff's deputy by driving within six inches of the deputy's stopped patrol vehicle. B.M. submitted to a breath test which revealed B.M.'s BAC was 0.088. Nick tried this case to a jury and B.M. was acquitted of DUI and acquitted of failing to yield to the deputy's patrol vehicle.
State v. Peoples No. 116,145 (2017)
Practice Area: Appeal
Date: Feb 06, 2017
Outcome: Summary Reversal of Defendant's Sentence on Appeal
Description: Nick represented Ms. Peoples on appeal where Nick successfully argued that the district court illegally sentenced Ms. Peoples. The Court of Appeals granted summary reversal of Ms. Peoples' sentence and granted immediate re-sentencing.
State v. Roberts No. 116,189 (2017)
Practice Area: Criminal Defense & Appeal
Date: Feb 02, 2017
Outcome: Illegal Drugs Suppressed and Subsequent Appeal by the State was Dismissed
Description: Nick obtained suppression of illegal drugs found following a car stop. Nick argued the police failed to follow the requisite procedure for conducting an inventory search and the district court suppressed the illegal drugs. The State filed an interlocutory appeal, which was dismissed by the Kansas Court of Appeals following a successful motion for involuntary dismissal.
State v. W.E. (Douglas County District Court 2017)
Practice Area: Criminal defense
Date: Jan 06, 2017
Outcome: Confession Suppressed - Favorable Plea Bargain Obtained
Description: W.E. was facing seven life sentences for multiple Jessica's Law allegations. Nick was appointed to represent W.E. after previous counsel waived W.E.'s preliminary hearing, and failed in an attempt to suppress W.E.'s full confession to detectives. Nick successfully obtained a preliminary hearing for W.E. and convinced the district court to reconsider suppression of W.E.'s confession. On Nick's motion to reconsider, the district court granted Nick's motion to suppress and W.E. subsequently received a favorable plea bargain.
State v. Horn, 386 P.3d 932 (2016)
Practice Area: Appeal
Date: Dec 30, 2016
Outcome: Case Remanded to District Court After Confession found Involuntary by Court of Appeals
Description: Mr. Horn was convicted at trial after his statements to police were admitted over his objection to their voluntariness. Nick appealed Mr. Horn's conviction and the Court of Appeals remanded holding the district court committed a series of interlocking errors at trial.
State v. Wilson, 367 P.3d 1284 (2016)
Practice Area: Appeal
Date: Mar 25, 2016
Outcome: All Charges Dismissed Following Appeal
Description: Nick represented Mr. Wilson both in the trial court and on appeal. Nick obtained suppression of illegal drugs and firearms found in Mr. Wilson's home. On appeal, the Court of Appeals upheld suppression and Mr. Wilson's case was subsequently dismissed.
When choosing a lawyer, it is important to remember that every case is unique and our past results do not guarantee any particular outcome on your legal matter. If you would like to discuss your case, please call our office at 785-380-7702 and one of our lawyers would be happy to discuss your case with you free of charge.